Opinion
Civil Action No. 3:16CV411-HEH
08-21-2017
RODNEY ANTONIO TUCKER, Petitioner, v. JEFFREY DILLMAN, Respondent.
MEMORANDUM OPINION
(Dismissing § 2254 Petition Without Prejudice)
By Memorandum Order entered September 19, 2016, the Court filed Petitioner's § 2254 petition. By that same Memorandum Order, the Court explained to Petitioner that he must inform the Court in the event he is transferred, relocated, or released during the pendency of the action. Petitioner was warned that the failure to keep the Court apprised of his current address would result in the dismissal of the action. On August 8, 2017, a Report and Recommendation was returned to the Court by the United States Postal Service marked "RETURN TO SENDER" and "NOT DELIVERABLE AS ADDRESSED." Petitioner's failure to keep the Court apprised of his current address indicates his lack of interest in prosecuting the present action. See Fed. R. Civ. P. 41(b). Accordingly, the action will be dismissed and a certificate of appealability will be denied.
An appropriate Order will accompany this Memorandum Opinion.
/s/_________
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE Date: August 21, 2017
Richmond, Virginia